SB537.DOC

THE SENATE	S.B. NO.	537
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

relating to Hawaiian fishponds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the repair of many Hawaiian fishponds may require permits from the department of land and natural resources, department of health, office of planning, and federal and county governments.

The process of obtaining permits for the restoration of Hawaiian fishponds is time consuming, complicated, confusing, and varies depending on the circumstances of the applicant for the permit. The existing regulations and permit requirements often preclude community organizations and native Hawaiian aquaculturists from restoring and maintaining Hawaiian fishponds.

The State has the ability to streamline the permitting process and promote interagency cooperation to facilitate efforts to restore fishponds and lease fishponds to cultural and familial descendants. However, for the past thirty years, the State has not led a comprehensive initiative to streamline the permitting process for restoration of Hawaiian fishponds.

The restoration and reuse of Hawaiian fishponds provide an opportunity to increase supplies of certain fish, which will make Hawaii more food secure and increase sustainable economic development opportunities for rural communities.

The legislature further finds that it has taken up to ten years to obtain a water clarification certification from the department of health that is required before the restoration of a Hawaiian fishpond pursuant to section 91-13.5, Hawaii Revised Statutes. Ten years is unreasonable, is inconsistent with the intent of section 91-13.5, Hawaii Revised Statutes, and results in delaying the State's initiatives.

In 2013, the department of land and natural resources completed a programmatic environmental assessment and issued a finding of no significant impact with regard to the restoration, repair, maintenance, and reconstruction of traditional Hawaiian fishponds. This study found that the Hawaiian fishpond program would have minor to negligible adverse effects to water quality. Additionally, the department of land and natural resources office of coastal and conservation lands would be tasked with oversight of the Hawaiian fishpond project. That office would work closely with the United States Army Corps of Engineers to monitor the approved best management practices and conditions approved by the department of land and natural resources in 2014 with regard to the master conservation district use permit requirements.

The purpose of this Act is to improve the State government's efficiency in the water clarification certification process, without diminishing the State's environmental controls on water pollution.

SECTION 2. Section 342D-6.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342D-6.5[]] Hawaiian fishponds. (a) The department shall process applications for permits and water quality certifications for the reconstruction, restoration, repair, or reuse of any Hawaiian fishpond as defined in section 183B-1 before all other permits and certifications. The director shall render a decision on the completeness of any application for that permit or water quality certification within thirty days of receipt. Applications for fishpond reconstruction, restoration, or repair that are incomplete shall be denied without prejudice. The director shall render a decision on any complete application for a permit or water quality certification for any fishpond within one hundred fifty days.

(b) Any project for which a notice of authorization to proceed has been issued by the department under a statewide programmatic general permit for the reconstruction, restoration, repair, or reuse of a traditional fishpond system shall be exempt from being required to obtain a permit under this chapter.

(c) As used in this section, "water quality certification" means certification from the State pursuant to section 401 of the Federal Water Pollution Control Act of 1972, P.L. 92-500 (33 U.S.C. §§1251-1387), as amended."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________